Laws on having a friend hold onto a pistol while I'm on work out of country for 2 yea

rjl9 · Dec 12, 2017

Hi everyone. I'm hoping you can help at least inform me or point me in a direction where I can get the information. I'm moving out of country for 2 years for work and was wondering what needs to be done with my pistol.

I have a friend who also lives in md with a hql who is willing to hold onto it for me, my question is can I just leave it in his possession inside of a locked case in which only I have the key or do I need to goto a ffl and transfer ownership to him? If anyone has any pointers to where I can find that information other then just word of mouth, that would be super helpful too.

Thank you!

iH8DemLibz · Dec 12, 2017

Draw up a letter explaining what you're doing.

Place the letter in with the handgun and put the two in a safe location.

Done.

buellsfurn · Dec 12, 2017

iH8DemLibz said:
Draw up a letter explaining what you're doing.

Place the letter in with the handgun and put the two in a safe location.

Done.

notarized ?

iH8DemLibz · Dec 12, 2017

buellsfurn said:
notarized ?

I don't believe notarization is required.

Actually, I don't believe the letter is required either.

But a letter spells out every last detail: Owner, friend, model, serial number, timeframe, etc.

tallen702 · Dec 12, 2017

Yeesh, that's a tough one. IANAL by any means, but I'd think that having someone take possession of the firearm for that kind of time frame (inside a locked case that you have the only key to or not) would be considered a transfer by the MDSP and our illustrious AG. That said, if you choose to go the route that iH8DemLibz describes, I'd make sure to note in the letter that you are not transferring the weapon to said friend and that it remains yours by ownership just to be safe. While the burden of proof is on the state to prove you did anything wrong, they can still make your life hell while you're waiting for them to try and do so.

Might be worth looking up the COMAR definition of "transfer" just to be safe.

ohen cepel · Dec 12, 2017

May be best to sell it unless it is something special to you. 2yrs sometimes becomes longer or your friend moves, new laws come in making it worse for him to have it, etc, etc. Can you leave it with family (if they are trustworthy) elsewhere?

jkasprz · Dec 13, 2017

Would putting it in a safe deposit box in a bank be an option?
Or would that violate MD's transporting laws as well as others.
I see it in the movies a lot, so it must be true. /sarc

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GeorgeSSR · Dec 13, 2017

tallen702 said:
Might be worth looking up the COMAR definition of "transfer" just to be safe.

Also Chow vs. Maryland, though I'm curious if the HQL changes things as obtaining a handgun legally requires a transfer at an FFL or MDSP facility with an HQL (though not applicable in this instance as the person who would be holding the firearm has an HQL).

We find that the temporary gratuitous exchange or loan of a regulated handgun between two adult individuals, who are otherwise permitted to own and obtain a regulated handgun, does not constitute an illegal “transfer” of a firearm in violation of Maryland Code (1957, 1996 Repl.Vol., 2002 Supp.), Art. 27, § 442, in particular, subsection (d). The plain language of § 442(d), when construed in harmony with the rest of the subheading, reveals that “ transfer” can only refer to a permanent exchange of title or possession and does not include gratuitous temporary exchanges or loans.

teratos · Dec 13, 2017

Leave it with a friend who is trustworthy and has an HQL. Gratuitous loans have always been legal and no time frame has ever been set. Better yet, leave it with a friend outside of Maryland. You guys are making this MUCH harder than it needs to be.

steveh326 · Dec 13, 2017

teratos said:
Leave it with a friend who is trustworthy and has an HQL. Gratuitous loans have always been legal and no time frame has ever been set. Better yet, leave it with a friend outside of Maryland. You guys are making this MUCH harder than it needs to be.

INAL but I was thinking the same thing.

sgt23preston · Dec 13, 2017

Laws on having a friend hold onto a pistol while I'm on work out of country for 2 ye

iH8DemLibz said:
Draw up a letter explaining what you're doing.

Place the letter in with the handgun and put the two in a safe location.

Done.

The only thing that I would add is to make a copy of both peoples Driver's License right on the note...

It would verify signatures etc...

Just in case there is an issue...

And the Gun Owner also gets a copy of the note...

Doctor_M · Dec 13, 2017

jkasprz said:
Would putting it in a safe deposit box in a bank be an option?
Or would that violate MD's transporting laws as well as others.
I see it in the movies a lot, so it must be true. /sarc

Sent from my iPhone using Tapatalk

I don't believe that there is any law against it, but most banks have rules that you cannot store firearms in their Safe Deposit Boxes. If you were discrete, I can't imagine how they would know, but if you wanted to strictly be a boy-scout on the issue, it would probably be a violation of the rental agreement.

Laws on having a friend hold onto a pistol while I'm on work out of country for 2 yea

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